Supreme Court DBQ: Equal Protection and Affirmative Action

The curriculum, Supreme Court DBQs, was made possible by a generous grant from the National Endowment for the Humanities through its We the People program.

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Common Core State Standards for English Language Arts & Literacy in History/Social Studies

8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).

According to the Supreme Courts ruling in Plessy v. Ferguson, what was the basic flaw in Plessys argument? Plessy was wrong to argue that 1. social prejudices could be overcome without legislation.
2. separation of the races meant that one race was inferior.

3.
4. 5.

he should not have been subject to Louisianas segregation law.

the Fourteenth Amendment did not apply to his case. Not sure

On what part of the Constitution did the Court base its decision in Brown v. Board of Education?
1. 2. 3. 4. The Due Process Clause of the Fourteenth Amendment The Takings Clause of the Fifth Amendment The Interstate Commerce Clause of Article I The Equal Protection Clause of the Fourteenth Amendment

5.

Not sure

What was the key holding of the plurality decision in Regents of the University of California v. Bakke?
1. Giving preference to members of a group for no other reason than race was discriminatory and unconstitutional. A diverse student body was not a constitutionally permissible goal for public universities. UC-Davis could not take students race into account at all when considering applications. Affirmative action programs were necessary to right past wrongs due to societal discrimination. Not sure

2. 3. 4. 5.

In the Michigan affirmative action cases, which feature was considered constitutional in public university admissions policies?
1. 2. 3. 4. 5. The admission of a critical mass of minority students The use of an automatic award of points based on race The use of quotas based on race The rejection of race as a consideration in admission Not sure

Supreme Court in Real Life: Supreme Court Myths/Truths

Identifying and Teaching against Misconceptions: Six Common Mistakes about the Supreme Court by Professor Diana E. Hess, pp. vii-xiii

Supreme Court True/False Challenge

1. People in America have a generally positive attitude about the Supreme Court. 2. More people can name two of Snow Whites dwarfs than can name two Supreme Court justices.

3. The Constitutions limits apply to actions by anyone, such as a private organization

or an employer. 4. The Supreme Courts primary function is to liberate people from the heavy hand of a discriminatory majority. 5. The role of the Court is to correct errors when lower courts have made mistakes.

6. It is common for the Court to accept cases filed by poor people in prison.

7. When the Supreme Court rules on a case, it has established the final right answer.
8. The Courts judgment is not influenced by individuals or interest groups. 9. Teaching facts such as these might lessen students respect for the Supreme Court.

Supreme Court True/False Challenge

1. People in America have a generally positive attitude about the Supreme Court. TRUE 2. More people can name two of Snow Whites dwarfs than can name two Supreme TRUE80% v. 37% Court justices.

3. The Constitutions limits apply to actions by anyone, such as a private organization FALSEConstitution applies only to actions by a federal, state, or local
government actor 4. The Supreme Courts primary function is to liberate people the federal judiciaryof a FALSEprimary function is to ensure uniformity in from the heavy hand discriminatory majority. FALSEensure uniformity 5. The role of the Court is to correct errors when lower courts have made mistakes. FALSEone-tenth of to percent of filed by petitions were granted 6. It is common for the Courtoneaccept casespauperspoor people in prison. review FALSE: We are not final because we are infallible, but we are infallible only 7. When the Supreme Court rules on a case, it has established the final right answer. because we are final. Justice Robert Jackson 8.FALSE people interested in a case may file amicus briefs, on which the Court The Courts judgment is not influenced by individuals or interest groups. often relies. 9. Teaching facts such as these might lessen students respect for the Supreme Court. TRUE-- But true respect is much more powerful when it comes from a strong knowledge base. Diana Hess, xiii or an employer.

Elements of The Bill of Rights Institute DBQ approach: Each unit includes a scholarly essay to set the stage.

Within each Landmark Case DBQ Case Background Summary: introduces historical background for case Key Question: focuses attention on constitutional impact Documents: historical case precedents case documents case related material Each document has a scaffolding focus question. Promotes teacher choice and flexibility in design and use of materials.

Equal Protection and Affirmative Action: Related Cases

Plessy v. Ferguson, 1896, p. 41 Brown v. Board of Education, 1954, p. 53 Regents of the University of California v. Bakke, 1978 p. 63 Gratz v. Bollinger and Grutter v. Bollinger, 2003, p. 75

Equal Protection and Affirmative Action, Warner Winborne, Ph.D. pp. 37-39
Equality is self-evidentnot governments job Civil War Amendments made it governments job to promote equality What is equal protection?legal & political, not social & economic Plessy established separate but equal as the rule for social interactions. However, several decisions endorsed legal & political equality. 1954Brown v. Board of Education was the real turning point. 1978Regents of the University of California v. Bakke established that affirmative action lives, but that the Equal Protection Clause prohibits reverse discrimination. 2003Gratz v. Bollinger & Grutter v. Bollinger, cases from University of Michigan, established that affirmative action still lives, but must be narrowly tailored.

Plessy v. Ferguson (1896)

1896-Plessy v. Ferguson was one of the key cases that started the U.S. on the long road to Equal Protection. Read the Case Background on p. 41.

Plessy v. Ferguson (1896)

Tools for Understanding: Key Question Enduring Significance

Scaffolding Questions

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Key Question for Plessy v. Ferguson, p. 42

Evaluate the
degree to which each of the following informed the ruling in Plessy v. Ferguson: custom, precedent, and understanding of federalism.
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Sala Capitular, room in New Orleans where the Louisiana Supreme Court heard Plessy v. Ferguson in 1892; photo ca. 1903

Teaching the DBQ Lesson Planfor AP US History

Overview/Outside Infowhat you know before you look at the documents Information about Information about Plessys position Fergusons position Evidence Source Evidence Source

Teaching the DBQ Lesson Plan

Key Question,
P. 42

Plessy: Evaluate the degree to which each of the following informed the ruling in Plessy v. Ferguson: custom, precedent, and understanding of federalism.
Analyze the prompt What do we mean by custom? Precedent? Federalism? How did each of these elements relate to the issue of equal protection in Homer Plessys case?

Document Analysis Plessy v. Ferguson

Analysis of Evidence

In 4 groups--skim documents A-I

Favors Plessy Favors Ferguson

Custom (tradition)
Precedent (formal
document or official procedure)

Federalism
(division of power between national & state levels)

Place document letters in the appropriate cell(s) in graphic organizer.

Group Assignments
Group 1: Documents A, C, D Group 2: Documents B, E Group 3: Documents F, G Group 4: Documents H, I

Favors Plessy

Favors Ferguson
Place document letters in the appropriate cell(s) in graphic organizer.

Custom Precedent
Federalism

Documents A, C, D, pages 43-44

Founding Documents A. Declaration of Independence: reflects Founders belief in the ideal of equality of rights. C. Constitution, Article 1, Section 2, Paragraph 3: Enslaved individuals are persons, not property. Nevertheless, they are counted unequally for purposes of determining representation and taxation. D. Tenth Amendment: affirms powers of the states and of the people.

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Documents B & E, pages 43-44

Jeffersons views regarding racial equality B. Blacks may be inferior with respect to reason and imagination, according to Jefferson. However, Jefferson does not say they are not entitled to equal rights. E. Jefferson hopes he is wrong about inferiority. However, even if they are inferior in understanding, they still have equal rights.

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Documents F & G, pages 45-46

Appeals to the promise of Founding Documents F. Adams argues for freedom for the Africans captured from the Amistad by citing the Constitution, which recognizes them as persons, and by citing the Declaration, which asserts that all persons have rights. G. The artist uses symbolism to illustrate the Declarations promise of freedom and equality.
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Documents H & I, page 47

The Meaning of the Fourteenth Amendment H. The Fourteenth Amendment clearly prohibits states from denying to any person the equal protection of the law. I. In the Civil Rights Cases of 1883, the Supreme Court ruled that it would be absurd to believe that the Fourteenth Amendment means what it says.
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Suggested Responses: Document Analysis Favors Plessy Favors Ferguson B, E, G, I I

Custom (tradition)
Precedent
(formal document or official procedure)

A,E, F, G

Separate but equal is OK favored Ferguson.

Federalism
(division of power between national & state levels)

C, D, H

C, D, I

How did the Supreme Court rule in Plessy v. Ferguson (1896)?

Additional Documents
J. Final Judgment, 1896 M. At the bus station, 1940 Brown v. Board of Education (1954)

Louisiana Supreme Court decision was affirmed; Plessy lost at both levels.

Segregation, separate but equal, was institutionalized for decades to come.

In 1954, the Court invalidated the principle of separate but equal because of its effects, making the law conform to the principles of the Fourteenth Amendment.
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Document K, p. 49: Majority Opinion, (7-1) Plessy v. Ferguson

The object of the [Fourteenth] Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but, in the nature of things, it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either. We consider the underlying fallacy of [Plessys] argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.

Justice Henry Brown

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Majority Opinion, continued

If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the constitution of the United States cannot put them upon the same plane. The decision validated the rule of separate but equal.
Justice Henry Brown

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Document L, p. 50: Dissent, Plessy v. Ferguson

The white race deems itself to be the dominant race in this countrySo, I doubt not, it will continue to be for all time, if it remains true to its great heritage, and holds fast to the principles of constitutional liberty. But in the view of the constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law

Justice John Marshall Harlan

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Dissent, continued
[T]he interests of both [races] require that the common government of all shall not permit the seeds of race hate to be planted under the sanction of law. What can more certainly arouse race hate,than state enactmentsthat colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens? That, as all will admit, is the real meaning of such legislation as was enacted in Louisiana. (Compare to Adamss fig leaf reference in Document F.)

Justice John Marshall Harlan

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Document Analysis
Favors Plessy

Custom Precedent Federalism

A, E, F, G C, D, H

Favors Ferguson B, E, G, I I C, D, I

Evaluate the degree to which each of the following informed the ruling in Plessy v. Ferguson: custom, precedent, and understanding of federalism.

How might the following additional documents be added to the graphic organizer in order to help address the Key QuestionJ, K, L, M, Brown v. Board of Education passage?

Courtesy of Skywriter

Tips for Thesis Statements

Heres one approach to writing a good thesis statement
Fully address all parts of the prompt. Clearly take a sidemake a declarative statement that one thing was more important, more persuasive, etc. than another. Since the verb in the prompt is often something like assess or evaluate, the thesis statement should show which side the writer takes. Suggest a table of contents or road map for the essayshow what elements enter into consideration. Be sure that the rest of the essay proves the thesis statement with abundant and persuasive facts and evidence.

Writing Thesis Statements

Your turn! Try your hand at writing a thesis statement for the Plessy v. Ferguson DBQ: Evaluate the degree to which each of the following informed the ruling in Plessy v. Ferguson: custom, precedent, and understanding of federalism.

37

The Old Senate Chamber, where the Supreme Court met from 1860 - 1935

While precedents such as the Declaration of Independence and other writings illustrated the Founders idealistic approach to the equality principle, the pressures of custom and tradition ultimately proved to carry more weight in the Courts concept A suggestion for the thesis statement... of federalism as applied in Plessy v. Ferguson.

Supreme Court DBQ: Brown v. Board of Education of Topeka

Application: Equal Protection Brown v. Board of Education (1954)

The same Congress that passed the Fourteenth Amendment created racially segregated schools for the District of Columbia. In Plessy v. Ferguson, (1896) the Court held that there was nothing inherently unequal-nor anything unconstitutional-about separate accommodations for races.

If there were a place in America where separate could be equal, Topeka would have been a good choice.

Read Case Background, p. 53

Brown v. Board of Education (1954)

Tools for Understanding: Key Question Enduring Significance

Scaffolding Questions

41

U.S. Constitution: Fourteenth Amendment Document A

Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Brown v. Board of Education (1954)

Briefly skim documents pp. 55 - 62

Lancaster, Ohio. August 1938. Ben Shahn, photographer; Farm Security Administration Collection "Sign on a restaurant." [Sign: "We Cater to White Trade only."] Library of Congress Location: F-9063

Brown v. Board of Education (1954)

Initial observations after a quick look at the documents Time span: 1847 1963 Types of documents: law, Fourteenth Amendment, references from Plessy v. Ferguson majority opinion and dissent, snapshots, map, references from Brown v. Board of Education decision Documents are short Usefulness in your classroom?
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Group Assignments
Group 1: Documents A, B, H Group 2: Documents C&D Group 3: Documents E, F, G
Supreme Court Document Based Questions Document Analysis Documents Summary: Students will use this form to develop an overview of the evidence available.
Document name & date Author Answer to scaffolding question How each side might use this document to answer the Key Question OR What is the main idea of this document?

Fill in the graphic organizer for your assigned documents; note your response in text chat as time permits.

Document Analysis, pp. 55 & 58

A.Virginia Criminal Code, 1847: It was against the law in some states before the Civil War to educate enslaved or free African Americans. B. Section of the Fourteenth Amendment, 1868: Following the Civil War, the U.S. Constitution was amended in order to prohibit the states from denying the rights of any person. H. Segregation Laws Map, 1953: The map shows that, almost 100 years after the Civil War, segregation laws were still the rule in former slave states.

46

Document Analysis, pp. 55-56

C. Majority Opinion, Plessy v. Ferguson (1896): Separate but equal is OK; segregation in public accommodations does not violate the Constitution. D. Dissent, Plessy v. Ferguson (1896): Like the majority decision in this case, the dissent notes that the Fourteenth Amendment was intended to guarantee legal equality of the races. Unlike the majority, the dissent asserts that segregation necessarily leads to inequality and is unconstitutional.
Justice Henry Brown

Justice John Marshall Harlan

47

Document Analysis, pp. 56-57

E. Washington, D.C. Public School classroom, Making Geometric Forms with Paper, 1899 : Classroom is neat, orderly, crowded, coed. F. African American Schoolgirls Learning to Sew, 1899: Classroom is neat, orderly, crowded; segregated; girls only. Students appear to be younger than those in Document E. G. Crowded Segregated Classroom, 1940s: Classroom is crowded; some students do not have desks; appears less orderly.

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Document Analysis, p. 59
Today, education is perhaps the most important function of state and local governments. must be available to all on equal terms. To separate students from others solely because of their race generates a feeling of inferiority [Based on] psychological knowledgethis finding is amply supported Separate educational facilities are inherently unequalplaintivesaredeprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.

I. Unanimous Opinion, Brown v. Board of Education (1954): The Court declared mandatory segregation of the races in public schools to be unconstitutional, essentially invalidating Plessy v. Ferguson.
Chief Justice Earl Warren
49

Document Analysis, p. 60
J. Unanimous Opinion in Brown II (1955): Because of the pervasive nature of segregation throughout the nations schools, the desegregation required by Brown I placed great responsibility on local officials who would implement the principles of equal protection in varied ways in different communities. The Court must rely on state and local executive and legislative bodies for enforcement of its decisions. District Courts were to be involved so that desegregation would occur with all deliberate speed.

Warren Court, 1955

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Document Analysis, p. 61
K. Supreme Court Decision, 1954 The white hands represent the Supreme Court. The black hands represent African Americans shackled by segregation in schools. The Supreme Court, which in 1954 was composed entirely of white justices, was the force demanding the shackles binding black Americans be broken. The Court was acting to end social and legal bindings and the effects of slavery on black Americans.
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Document Analysis for Brown lesson:

Consider which attorney would be most likely to use each document.
Monroe Elementary School, the segregated school that Linda Brown attended, now a National Historic Site.

Brown

Both sides

Board of Education

Group 1: Documents A, B, H Group 2: Documents C&D Group 3: Documents E, F, G

Document Analysis for Brown Lesson: Suggested Responses Brown

A: Virginia Criminal Code, 1847

Both sides
B: Section of 14th Amendment

Board of Ed.
C: Majority Opinion in Plessy v. Ferguson, 1896 (Justice Henry Billings Brown) Photos E (Orderly class for whites) + F (Orderly African American class)

D: Justice John Marshall Harlans dissent in Plessy v. Ferguson

H: Segregation Laws Map

Photos E (Orderly class for whites) + G (crowded African American class)

I & J, the Courts decisions, would not have been used by either attorney, but follow the reasoning advocated by Brown, and echo Justice Harlans dissent in Plessy. K, an editorial cartoon after the decision, is consistent with Browns side.

Apply Case Briefing Sheet, p. vidiscuss with a partner.

Case Name and Year:

Facts of the case:

Summary of Petitioners Arguments (Brown) Summary of Respondents Arguments (Board of Education)

How would you decide the case and why?

How did the Supreme Court decide the case?

Brown v. Board of Education Key Question, p. 54

Assess the role played by the Court as the protector of individual rights against the tyranny of the majority in Brown v. Board of Education (1954).
Photo credit: www.u-s-history.com

A Suggested Thesis Statement for Brown v. Board DBQ

While the Fourteenth Amendment had required equal protection of the laws in 1868, and the Courts ruling in Plessy v. Ferguson had endorsed the principle of equality in 1896, Supreme Court action by 1954 was absolutely crucial; equal protection of individual rights could not have become a reality in the 1950s without action by the Supreme Court. It was politically impossible for the elected branches of government to break the tyranny of the majority in this issue.

THE ISSUE ENDURES

Nettie Hunt explains to her daughter the significance of this decision as they sit on the Courts steps in November, 1954. Nettie is holding a newspaper with the headline "High Court Bans Segregation in Public Schools. Library of Congress

George E.C. Hayes, Thurgood Marshall, and James Nabrit after Supreme Court decision Brown v. Board of Education, May 17, 1954

THE ISSUE ENDURES p. 62

June 11, 1963, Alabama Gov. George Wallace stood at the door of Foster Auditorium at the University of Alabama in a symbolic attempt to block two black students, Vivian Malone and James Hood, from enrolling at the school.

Library of Congress image

THE ISSUE ENDURES p. 62

June 11, 1963, Vivian Malone enters the University of Alabama. After earning her degree in business management, she went to work at the U.S. Department of Justice, retiring in 1996. She died in 2005.

Regents of the University of California v. Bakke, 1978 p. 63

Equal Protection and Affirmative Action: Related Cases

Regents of the University of California v. Bakke, 1978 p. 63 Gratz v. Bollinger and Grutter v. Bollinger, 2003, p. 75

Bakke

Gratz

Grutter

Read background for Bakke, p. 63 Skim documents A-M

Apply Case Briefing Sheet, p. vidiscuss with a partner. Case Name and Year:

Facts of the case:

Summary of Petitioners Arguments Summary of Respondents Arguments

How did the Supreme Court decide the case?

How would you decide the case and why?

Document Analysis for Bakke lesson: which attorney would be most likely to use each document?
Regents Both sides Bakke

63

Document Analysis for Bakke lesson

Regents
E Pres. Johnsons speech (1965) F UC-Davis Med School Demographics

Both sides
B JFKs Executive Order (1961) I UC-Davis reply to Bakkes qualifications

Bakke
A 14th Amendment Equal Protection Clause C Crockett Cartoon

G Education statistics (1940-1980)

J Oral argument 1978

D Title VI of CRA 1964

H Bakkes credentials The Courts decisions and note would not have been used by either party. But M, Justice Marshalls opinion, follows the reasoning for Regents. K, Marshalls memo, could be used by either party; while L, Justice Powells plurality, follows the reasoning of Bakke.

Moot Court: Bakke Case, p. 63

Divide class into 3 groups:
9 Justices Advocates for petitioner Advocates for respondent Give time for planning: Justices decide what questions they want answered in oral arguments; advocates for each side plan their oral arguments. Allow equal time for presentation of each side, including interruptions from Justices (or not your choice). Justices deliberate and announce decision. Deliberation is actually done in private Supreme Court conference, but you decide how to do it in class.

Oral Arguments
At the beginning of each session, the Marshal of the Court (Court Crier) announces:

"Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court!"
The Chief Justice will begin the oral argument phase by saying,

Petitioner, you may begin.

Summary of the Bakke Decision

The question came to the Supreme Court, and in the initial decision, the Court split, with four members asserting that affirmative action plans involving racial classification were permissible under the Fourteenth Amendment, and four others claiming that any racial considerations violated the 1964 Civil Rights Act. Justice Lewis Powell believed that some affirmative action plans, if carefully crafted, could pass both constitutional and statutory scrutiny, and he shaped a classic transitional decision. Race could be a factor, but only one of many, used to seek a balance. The decision did not really answer the questions raised by affirmative action, but paved the way for the Court and the society to adopt some affirmative action plans, and to begin the debate over just how far to go in this difficult area. http://usinfo.state.gov/usa/infousa/facts/democrac/41.htm USINFO from the United States Department of State

A Suggested Thesis Statement for Bakke DBQ

While the University of California at Davis special admissions program was intended to align with federal guidelines to provide more chances for minorities to enroll in prestigious colleges, it resulted in unconstitutional discrimination because it established a quota system that violated the equal protection clause.

Grutter v. Bollinger (2003) Gratz v.Bollinger (2003) p. 135

Courtesy Kjetil Ree

The Big Picture

Key Questions for the Equal Protection DBQs help students practice the thinking skill of grappling with causes and effects as they consider issues of equal protection in American history.

Scaffolding Questions
Work in groups to consider the documents and their scaffolding questions. Group 1: Documents A, B, C Group 2: Documents D, E Group 3: Documents F, G, H Group 4: Documents I, J Group 5: Documents K, L All groups: As time permits, discuss cartoon, p. 86. Report on your discussion:

Answer the scaffolding questions.

Explain how the scaffolding questions may be useful in helping understand the document. How does this document help us understand the issues involved in affirmative action for college admissions?

Summary of the 2003 Michigan Decisions

Gratz v. BollingerIn a 6-3 decision written by Chief Justice Rehnquist, the Court overturned the affirmative action program used in Michigans College of Literature, Science and the Arts. Agreeing with the position promoted by Jennifer Gratz, Chief Justice Rehnquist wrote, "because the University's use of race in its current freshman admissions policy is not narrowly tailored to achieve respondents' asserted compelling interest in diversity, the admissions policy violates the Equal Protection Clause." The use of a mathematical formula awarding 20 of 100 possible points to every underrepresented minority applicant solely because of race was not consistent with the individualized consideration that Justice Powell contemplated in Regents of the University of California v. Bakke, 438 U.S. 265 (1978).

Summary of the 2003 Michigan Decisions

Since she filed her suit, Jennifer Gratz graduated from the University of Michigan Dearborn with a degree in mathematics and worked in the computer software industry before moving back to Michigan to lead the Michigan Civil Rights Initiative.

Jennifer Gratz

Grutter v. Bollinger
In a 5-4 decision written by Justice OConnor, the Court upheld the affirmative action program used in the University of Michigans Law School. The Court reasoned that, because the Law School conducts highly individualized review of each applicant, no acceptance or rejection is based automatically on a variable such as race and that this process ensures that all factors that may contribute to diversity are meaningfully considered alongside race. The law schools approach, giving some preference to racial/ethnic minorities in an effort to achieve a critical mass in terms of diversitybut without assigning a mathematical formula, was seen as constitutional. Justice OConnor expressed the hope that in another 25 years, such affirmative action policies will be unnecessary.

Summary of the 2003 Michigan Decisions

Following her defeat in the Supreme Court, Barbara Grutter did not attend law school. Instead, she focuses on running her Michiganbased health care consulting company and bringing up her two children. She also serves on the board of directors of Towards a Fair Michigan, an organization dedicated to fostering public discussion about race preferences.

University of Michigan Law School 2009

According to the Supreme Courts ruling in Plessy v. Ferguson, what was the basic flaw in Plessys argument? Plessy was wrong to argue that 1. social prejudices could be overcome without legislation.
2. separation of the races meant that one race was inferior.

3.
4. 5.

he should not have been subject to Louisianas segregation law.

the Fourteenth Amendment did not apply to his case. Not sure

On what part of the Constitution did the Court base its decision in Brown v. Board of Education?
1. 2. 3. 4. The Due Process Clause of the Fourteenth Amendment The Takings Clause of the Fifth Amendment The Interstate Commerce Clause of Article I The Equal Protection Clause of the Fourteenth Amendment

5.

Not sure

What was the key holding of the plurality decision in Regents of the University of California v. Bakke?
1. Giving preference to members of a group for no other reason than race was discriminatory and unconstitutional. A diverse student body was not a constitutionally permissible goal for public universities. UC-Davis could not take students race into account at all when considering applications. Affirmative action programs were necessary to right past wrongs due to societal discrimination. Not sure

2. 3. 4. 5.

In the Michigan affirmative action cases, which feature was considered constitutional in public university admissions policies?
1. 2. 3. 4. 5. The admission of a critical mass of minority students The use of an automatic award of points based on race The use of quotas based on race The rejection of race as a consideration in admission Not sure

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